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VJ (Designation)     31 December 2012

Is divorce decree needed?

Hi,

I was married. After then due to certain reasons, I got legally separated from my wife. My question is "I registered my marriage in register office. So, is it compulsory for me to have a divorce decree to marry another girl and have a new marriage certificate for new wife?"

To clear my previous divorce, we did divorce agreement in which it was mentioned that we both parties are separated permanently, so now onwards both parties are legally rightful to live their independent life and can marry any other person. No party is going to have objection or dispute in this matter. And if we do so, it will be considered as null and void.

I am asking this question because my old wife didn't support me to have divorce decree. We filed mutual concern to have divorce decree under section 13(b) but for 8 months after our petition, she continuously remained absent. So my case got dismissed. After some time I found that she has already gone to outside India.

Please advise me that Divorce decree is must for me or Having Divorce Deed/ agreement on 100 Rs. Stamp paper is enough for me.

One more question, Can I give my name to my NEW wife or not?

 

 

 

 

Thanking you in advance.



Learning

 11 Replies

Sameer12345 (SSE)     31 December 2012

Divorce decree is must to avoid consequences in future.
1 Like

VJ (Designation)     31 December 2012

But Sameer, How can I get it even that lady is not in India? I have already made her signed that Divorce Deed/Agreement on 100 Rs. Stamp. On which my lawyer has written all those points which can be obstecles in future.

Sanjeev (Lawyer)     31 December 2012

the divorce agreement that you got signed has no value in eyes of law.

Rajesh Kulkarni (Advocate)     31 December 2012

 

Divorce granted by Court is only authenticated one. An agreement is between parties. As per you, your wife is not in India so you may know her whereabouts. File petition for divorce under grounds of desertion (U/s 13 (1) (ib)), may be it will take time but still procedure is one to be followed with.

 

Even though you have mentioned in your agreement about all your future safety but who is the one to decide it? Court of Law is the only option left to you.

 

This is because once you get a decree of divorce from court then you can move forward to marry other person else you may be under bigamy.

 

 

Rajesh Kulkarni

7799116901

1 Like

(Guest)

You continue to remain married to your first wife till this date. Either your lawyer was himself a fool or he fooled you. You are sitting ducks to a criminal prosecution.

 

 

Ashish Davessar

Advocate

Supreme Court of India

Punjab and Haryana High Court, Chandigarh

District Courts, Amritsar & Chandigarh

2 Like

Sameer12345 (SSE)     31 December 2012

 

Believe me, I am in a big trouble married second time after disolving marriage thru divorce deed.

 

Contact her again through the same lawyer and make her convince for MCD before she marries again.

VJ (Designation)     31 December 2012

All Gentlemen,

Really hard luck for me. It simply means Divorce taken in presence of Notary is invalid, Right?

What is the option for me now,? What is the quickest time to get divorce decree? I filed that Mutual concern petition u/s 13(b), but she knowlingly went out to out of india Just to harrass me and remained disappear through out all our dates. Judge told me without her oral testimony , he cannot give me divorce decree.

Oh God, Why did I have Marriage Certificate?

rajiv_lodha (zz)     31 December 2012

Minimum period wil be 6 months WHEN SHE AGREES FOR COMPLETING MCD PROCESS

R.K Nanda (Advocate)     31 December 2012

divorce by court is must.

1 Like

Shantanu Wavhal (Worker)     31 December 2012

ur first marriage is a TRUE ADMITTED FACT.

registration of the said marriage is merely a proof of that marriage.

so dont repent so much for registering the marriage.

it does not have a BIG effect on ur present status.


the divorce agreement may be treated as an agreement to live separately, but it can not be treated as Divorce itself.

ur first marriage still subsists.


now u have 2 options :

1) find out the first wife and file MCD

2) file petition for divorce on the ground of desertion. If the wife remains absent, the case will be decided ex-parte in ur favous.


DO NOT get remarried until u get a valid Decree of Divorce from court.

this is important to avoid any legal implication, if something goes wrong in second marriage (I prey, it wont).


Msk-need -nuetral- laws (self)     31 December 2012

note: remarry only after 90 days of your exparty divorce decree.


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